Louisiana 2010 Regular Session

Louisiana House Bill HB1480

Caption

Provides for the crime of involuntary vehicular homicide (EG INCREASE LF RV See Note)

Impact

If enacted, HB 1480 will amend existing homicide statutes, particularly by introducing a new category under which offenders can be charged. The proposed penalties for this crime include mandatory court-approved community service up to 250 hours, and a two-year suspension of driving privileges for those convicted. This legal change not only emphasizes the importance of maintaining control while driving but also encourages a shift in public awareness regarding the dangers of impaired attentiveness, even when not directly associated with substance use.

Summary

House Bill 1480 establishes the crime of involuntary vehicular homicide in Louisiana law, defining it as the act of killing another person while operating a vehicle when the operator has lost control, typically due to falling asleep, regardless of intent to harm. This addition addresses gaps in current homicide laws, which previously included categories such as first-degree murder and negligent homicide, but did not cover this specific scenario in detail. The bill aims to enhance public safety by holding drivers accountable for negligent behavior that results in fatalities, thus prompting a stricter legal framework around driving risks associated with fatigue.

Sentiment

Overall sentiment regarding HB 1480 appears supportive among proponents who see it as a necessary update to existing laws to enhance public safety and mitigate risks associated with driver fatigue. However, there may be concerns about the fairness of enacting such stringent penalties on drivers whose actions might not have been intended to cause harm. The discussion around the bill suggests a recognition of a growing need for legislative action in the face of increasing traffic-related fatalities attributed to sleep and control loss.

Contention

Notable points of contention stem from the potential severity of penalties and the broad definition of involvement in vehicular homicide. Critics may argue that the bill's application could lead to criminalizing unintentional actions that are not always within a driver's control. There may also be discussions related to enforcement and how such laws will be implemented fairly, ensuring that all cases are treated justly without disproportionate penalties for situations where intent to harm did not exist.

Companion Bills

LA HB628

Replaces Provides with respect to the crime of vehicular homicide (OR INCREASE GF EX See Note)

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